Efektywność ekonomiczna jako dyrektywa wymiaru kary. Perspektywy i zagrożenia dla wymiaru sprawiedliwości, uwagi de lege ferenda
Economic efficiency as a punishment directive. Prospects and threats to justice. Comments de lege ferenda.
Author(s): Szymon KosatkaSubject(s): Law on Economics
Published by: Stowarzyszenie Mage.pl
Keywords: economic law analysis; economic efficiency; justice; penalties directive; fine; imprisonment; law; economics
Summary/Abstract: The article draws attention to the possibility of applying an economic legal analysis at the stage of applying the law by the Court in the form of a penalty for a specific crime. He notes the basic problem in reconciling two seemingly contradictory features, i.e. punishment justice with its economic effectiveness. The article recognizes the benefits of penalizing the economic efficiency, as well as the risks associated with the application of economic law analysis in determining the amount and type of penalties. The author also refers to the economic effectiveness of a fine and imprisonment from the perspective of the objectives to be met by the sanction imposed by the Court. At the end, he made a proposal to amend the existing law on penalties directives.
Journal: Kwartalnik Prawo-Społeczeństwo-Ekonomia
- Issue Year: 18/2019
- Issue No: 2
- Page Range: 78-90
- Page Count: 13
- Language: Polish